Arbitration Court Reckoner : April & May 2021

By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of April & May 2021 under the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the 'Act'). While as many judgments as possible are sought to be reviewed, owing to the limited column space, some judgments would invariably be left out....

Satish Chandra Banerji: A Sesquicentennial Tribute

Great lives spread a fragrance and an aura that outlive their mortal sojourn. It is for us to remember and pay tribute to such persons. One such person is Dr. Satish Chandra Banerji whose 150th birth anniversary falls on June 20. His accomplishments were great and his character not only noble but also very amiable and pure unsullied by any stain. His personality was not distinguished by a few admirable prominences, but was uniformly elevated. He shines undimmed in the galaxy of our...

India's New IT Rules Do Not Conform With International Human Rights Norms : UN Special Rapporteurs

The Special Rapporteurs of the United Nations have written to the Government of India expressing serious concerns over the new IT Rules notified to regulate social media intermediaries, streaming platforms and digital news media, They have urged the Government of India to withdraw, review or reconsider certain key aspects of the Information Technology(Intermediary Guidelines and Digital...

Vigorously Follow 'Testing, Tracing & Treatment' Strategy: Gujarat High Court Asks State To File Action Plan For Tackling Third Covid-19 Wave

Concerned by the potential third wave of Covid-19, the Gujarat High Court has asked the State Government to adopt the '3T Model' to curb the outbreak and devise a preventive action plan. The State has been advised to vigorously follow 'Testing, Tracing and Treatment' strategy. "As on today the cases of Covid have reduced and therefore, it would be easy for administration to trace...

Section 164(2) Companies Act Not Retrospective; Default Before 2014-15 FY Can't Be Considered : Kerala High Court

The High Court has upheld the constitutional validity of Sections 164(2) and 167(1) of the Companies Act, 2013

Arbitral Tribunal Cannot Apply Public Law Principles Or Article 14 Against Public Body : Bombay High Court

"A writ court may well hold against a public body on a public law principle or by invoking Article 14; but an arbitrator, constrained as he or she is by the contract, has no such power".

Mamata Banerjee Objects To Justice Kausik Chanda Hearing Her Election Petition; Says She Has Objected To His Confirmation As HC Judge

West Bengal's Chief Minister Mamata Banerjee has written a letter to the Acting Chief Justice of the Calcutta High Court Rajesh Bindal urging him to reassign her Election Petition to another judge (other than Justice Kausik Chanda) to avoid prejudice against herself.The Letter has been written by AOR Sanjay Basu in connection with her Election Petition challenging Suvendu Adhikari's election...

'If Death Occurs, Is It State's Responsibility?': Allahabad HC Refuses To Entertain Plea For Disposal Of Dead Bodies Buried Near Ganga

"If you are a public-spirited person, tell us how many bodies you have been able to identify and give them a decent burial or cremation?", HC asked the petitioner.

Supreme Court Issues Notice On Delhi Police Appeal Against Bail Granted To Student Activists In Riots Case; Says HC Judgment Shall Not Be Treated As Precedent In Meantime

The Supreme Court clarified that it is not interfering with the bail granted to the students at this stage.

Calcutta High Court To Hear Mamata Banerjee's Election Petition Challenging Suvendu Adhikari's Election From Nandigram On June 24

The Election Petition moved by West Bengal Chief Minister Mamata Banerjee before the Calcutta High Court challenging Suvendu Adhikari's election win from the Nandigram constituency in the West Bengal Assembly Polls will be heard next week on Thursday (June 24).The Bench of Justice Kaushik Chandra listed the matter for next week after the matter was mentioned before the bench and...

'Memory Of Second Wave Hasn't Left Us' : Delhi High Court Takes Suo Moto Cognizance Of COVID Protocol Violations

Taking suo motu cognizance about concerns regarding mass violations of Covid-19 protocol in overcrowded Delhi markets since the unlocking of the city, the Delhi High Court today issued notice to the Centre and Delhi governments on the issue. The bench of Justices Navin Chawla and Asha Menon remarked on pictures produced by an AIIMS doctor with the court, "The memory of the second wave has...

"Findings Are That He Is Critical And Require Intensive Care": Bombay High Court Extends Stan Swamy's Hospital Stay Till July 5

The Bombay High Court on Thursday extended 84-year-old tribal rights activist from Ranchi Father Stan Swamy's private hospital stay till July 5th after perusing his Medical report which stated that he continues to be critical and requires intensive care. He is accused in the Bhima Koregaon - Elgar Parishad caste-based violence case. "As per detailed medical report, it is suffice to record...